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03/05/1981 Regular Meeting► ? 3 ;) ? n KODIAK ISLAND BOROUGH ASSEMBLY MEETING - MARCH 5, 1981 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Ogg at 6:35 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Anderson (arrived 7:40 PM) , „r. Arndt Mr. Herrnsteen Mr. Murray Mr. Peotter Mr. Wakefield Mayor Ogg A quorum was established. III ACCEPTANCE OF AGENDA Mayor Ogg added H. Letter from KMXT under VI COMMUNICATIONS & APPEARANCES. Mr. Murray requested the addition of M. Resolution re: Passage of H.B. 223 under XI NE14 BUSINESS. Mr. Herrnsteen added I. Letter from Coast Guard dated March 5, 1981 under VI COMMUNICATIONS & APPEARANCES. There were no objections from the Assembly; therefore, the agenda was accepted as amended. IV MINUTES OF PREVIOUS MEETIGS A. Assembly - Spec. - Jan. 29, 1981 B. Assembly - Reg. - Feb. 3, 1981 Mr. Peotter moved to accept Items A & B. Seconded by Mr. Arndt. Unanimous voice vote. V MINUTES OF OTHER. MEETINGS A. KIBSD - Reg. - Jan. 26, 1981 Reg. - Feb. 9, 1981 B. Health Resources - Reg. - Jan. 7, 1981 C. O.C.S. - Reg. Jan. 13, 1981 D. P & Z - Reg. Dec. 17, 1930 Reg. Jan. 28, 1981 Mr. Peotter moved to acknowledge receipt of Items A, B, C. & D. Seconded by Mr. Wakefield. Motion carried with no objection. Mr. Anderson arrived at 7:40 P.M.. VI COMMU14ICATIONS & APPEARANCES A. Assembly Vacancy Appointment Mr. Wakefield nominated Mr. Jerome Selby. Mr. .Arndt nominated Mr. William Sulen. Mr. Murray nominated Mr. Jack Rhines. Mr. Herrnsteen nominated Mr. Lorne White. Mr. Peotter moved to close the nominations. Seconded by Mr. Arndt. Mr. Murray moved to amend the motion with the stipulation that the voting be done by ballot. Seconded by Mr. Arndt. Unanimous voice vote. The main motion as amended carried by unanimous roll call vote. flayor Ogg vetoed the Assembly's action. Mr. Arndt moved to over -ride the veto. Seconded by Mr. Peotter. Motion carried 5-1 with Mr. Wakefield casting the NO vote. Mr. Lorne White was declared the winner for the Assembly vacancy. KIB'>}1SS$MBL:Y MEETING,'} M9rch)5,i19311- Page 2 B. Memo re: Re -appointment of O.C.S. Council Members Mayor Ogg requested the Clerk to advertise for these positions and the appointment will be made in April. C. P E Z Representative Mayor Ogg introduced Mr. Tim Hill. D. Letter to David M. Woodruff from Mayor Beardsley re: Raw Fish Tax No Action. I' E. Mary Mathes re: Bells Flats Land Sale I. Letter from Coast Guard dated March 5, 1981 Assemblyman Herrnsteen asked that Item I be taken at this time since it is in conjunction with Iten E. No Action. Mr. Lorne White arrived and was sworn in at 7:35 PM. Mayor Ogg congratulated Mr. White on his appointment. F. Okey Chandler Letter re: Unification / Letter re: Borough Chairman Gov. No Action. Will be taken up at the 'Work Session March 21, 1981. G. Memo re: Re -scheduling Joint Work Session with P & Z March 21, 1981 at 9:30 A.M. H. Letter from KMXT Delay action until later in the meeting. VII BOARD OF ADJUSTMENT A. Knox !. Christie Appeal (Lot 16, Survey 3101) Mayor Ogg closed the regular meeting: Opened the meeting of the Kodiak Island Borough seated as a Board of .Adjustment: Mr. Knox M. Christie: Noted on the application for a variance that the trailer before the change was made had no facilities. The change not only changed the trailer size from 18 feet to 27 feet but it changed it from a trailer with no facilities to a trailer with facilties. Other than that my letter pretty well states the history and my appeal. Tim Hill: (P Z) The only facility added was a shower, he did have a toilet in the old residence. This was a limited amount of upgrading and through our attorney we varified that we were within our riohts to go ahead and give the decision we came up with. Dennis Nelson: (Neighbor of the area) I had written a letter to P u Z initiating what my protest was regarding this matter. If we continue to grant variances we really have no need for a comprehensive plan. My concern is the health matter. There is only one utility there. (water) For the purpose of the record, I would like state that I am against a permanent variance of this nature. Tony Perez: (opposing appeal) I am the owner of the property and have owned it for over twenty years. Mr. Knudsen moved one trailer off and brought a little bigger one on without my knowledge. Mr. Christie: (rebuttal) I don't know how the law reads but it seems to me that a zoning official or a building official that has knowledge of a violation should pursue correcting the violation. Just because a formal complaint wasn't made, it doesn't seem like that would be a necessity before action would be taken. I think it would be part of his job to seek out problems and correct them. KIB ASSEMBLY M€ETIWG xiMalch;y,-p . Page 3 Mayor Ogg closed the hearing. The Chair requests a motion and it should be in a positive form. Mr. Peotter moved to uphold the ruling of the Planning & Zoning Commission. Seconded by Mr. Arndt. Mr. Anderson: I have two reasons for not supporting the motion. 1. When the ordinance was passed for non -forming uses to continue and be made legal, the intent as I saw it, was that they could continue as long as they were not changed. 2. The other reason is there was no permits and no one knew about the change at the Borough offices until after the trailers had been changed. It was a significant change. Mr. t-Jakefield: against, it is a significant change. Mr. Murray: against, this was a substantial change in the existing use of the property. Mr. White: against, this is a significant change. Mr. Arndt: I am in favor of the motion supporting the decision of the Planning & Zoning. I feel they are correct in acknowledging that the space is what is "grandfathered" because it's a use. I do not feel it is a significant change. Mr. Herrnsteen: against, it is a significant change. Mr. Peotter: I feel the Commission's decision was not based on fact. I think the issue of using the space is a wrong interpretation. I contend that moving out one abode and putting in another abode is far more than a significant change. The motion failed 1-6 with Mr. Arndt casting the YES vote. The Board of Adjustment therefore grants the appeal. The Staff shall rectify the situation as required. Mayor Ogg closed the meeting of the Board of Adjustment and opened the regular session. VII PUBLIC HEARINGS A. Ord. No. 31-1-0 Amending Ord. No. 80-21-0, Adjusting Revenues And Expenditures Of The Borough For The Fiscal Year Commencing On The First Day of July, 1980 And Ending On The Thirtieth Day of June, 1981.(table Res. 1o. 31-8-R Authorizing the Finance Officer To Effect Certain Line Item Changes In FY 80-81 Budget Ord. No. 80-21-0 Mayor Ogg closed the regular session. Public Hearing opened: Lou Santoro: (Principal of East Elementary School) The present playground is quite small and with the construction it will be even smaller. We would like to see additional playground. Harry Haney: (Principal of Main Elementary School)(Pres. of Board of Directors of Small World) I would like to speak in favor of the Ordinance and in support of Mr. Santoro regarding the need for more playground. I also am here to speak in favor of the Ordinance as it relates to Small World. Public Hearing closed: Regular Session opened: Mr. Wakefield moved to adopt Ordinance No. 81-1-0. Seconded by Mr. Arndt. The Chair would entertain an amendment to add item 4. State Energy Planning Grant for $170,000 revenue and $170,000 expenditures. Mr. Anderson so moved. Seconded by Mr. Wakefield. Unanimous voice vote. Mr. Herrnsteen moved to amend by adding $45,000 for East Elementary Playground under Capital Expenditures and to have the rest of the Ordinance reflect that addition. Seconded by Mr. Arndt. Unanimous roll call vote. RIB ASSOMBLY METING q Morcg5,-21981 Page 4 Mr. Peotter moved to amend by rectifying the problem in the typo between Health & Sanitation and Support Services. Seconded by Mr. Wakefield. Unanimous voice vote. Mr. Peotter moved to amend by changing the Use of Fund Balance to read $68,838 and amend Health & Sanitation to show the additional $13,131 then the final budget figure reflect that. Seconded by Mr. Arndt. Unanimous voice vote. Mr. Herrnsteen amend by adding $155,000 under Capital Expenditures for seating in Main School Gymnasium. Seconded by Mr. Arndt. Amendment failed 3-4 with Mr. Arndt, Mr. Herrnsteen and Mr. White casting the YES votes. The main motion as amended carried by unanimous roll call vote. Resolution No. 31-3-R: The Chair would entertain an amendment under Legislative to delete Travel & Per Diem $6,000 and replace with Mayor Travel & Per Diem $4,000 and Assembly Travel & Per Diem $2,000. Mr. Anderson so moved. Seconded by Mr. Wakefield. Mr. Murray moved to amend the amendment by order of substitution the sum of $5,000 for the Assembly Travel & Per Diem and the sum of $1,000 for the Mayor Travel & Per Diem. Seconded by Mr. Arndt. The amendment carried 4-3 with Mr. Anderson, Mr. Herrnsteen and Mr. Wakefield casting the NO votes. Mr. Murray moved to adopt Resolution No. 81-8-R. Seconded by ilr. Wakefield. Mr. Murray moved to amend by substitution the addition of Section 4 Capital Expenditures to reflect the sum of $155,000 for additional seating in the Main Elementary Gym. Seconded by Mr. Arndt. (Mr. !leeks stated it should be a subsection of 1 rather than a section 4.) (This was okay with Mr. Arndt and Mr. Murray.) The amendment carried 4-3 with Mr. Anderson, Mr. Peotter and Mr. Wakefield casting the NO votes. The main motion as amended carried 6-1 with Mr. Anderson casting the 140 vote. Mayor Ogg informed the Assembly that both of the line items will be under veto and he will submit his reasoning at a later time. The veto will be issued tomorrow. B. Ord. No. 81-6-0 Amending Sections 2.08.010 and 2.10.010 Of Title 2 Of The Kodiak Island Borough Code of Ordinances (2nd Rdn.) Mr. Peotter moved to adopt Ordinance iJo. 81-6-0. Seconded by i"ir. Anderson. Regular Session closed: Public Hearing opened: No Comments Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. C. Ord. No. 81-7-0 Amending The Class Title & Pay Range Table Of The Kodiak Island Borough Personnel Rules & Regulations (2nd Rdg) Mr. Peotter moved to adopt Ordinance No. 81-7-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. !KIM AS$EMkY-1MEETIN(D- Rara 57 1951 Page 5 D. Executive Session Mr. Peotter moved to go into Executive Session for the purpose of discussing personnel. Seconded by Mr. Wakefield. Motion carried 5-2 with Mr. Herrnsteen and Mr. Wakefield casting the NO votes. Mayor Ogg vetoed the motion. Mr. Peotter moved to override the veto. Seconded by Mr. Arndt. Motion carried 5-2 with Mr. Herrnsteen and Mr. Wakefield casting the NO votes. The Assembly reported out of Executive Session at 10:53 PM. Mr. Peotter reported that the sub -committee of the Assembly reviewed the twenty-nine Manager applications that were submitted prior to the deadline and briefly reviewed the thirtieth applicant tonight. As a result of that review, recommended the top six candidates: 1) Mr. Al1ington 2) Mr. Bivins 3) Mr. Fehst 4) Mr. Hansen 5) Mr. Shealy 6) Mr. Wise Mr. Peotter moved that the Assembly authorize the release of all the resumes of all the candidates to the media if they so wish to pursue them and that in the future that any time the Assembly advertises for a position where resumes are submitted and the Assembly acts on them, that the ad include the sentence, "Submittal of resume is tantamount to approval of release of said resume to the media". Seconded by Mr. Arndt. Motion carried by unanimous voice vote. IX OLD BUSINESS A. Ord. No. 81-10-0 Providing For Negotiated Lease Of Borough Owned Real Property (Tabled) Mr. Peotter moved to remove from the table Ordinance No. 81-10-0. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Mr. Anderson moved to table until the next meeting. Seconded by tor. Wakefield. Motion carried by unanimous voice vote. B. Contract For Lease Sale #60 and PNS Review Mr. Wakefield moved to approve the contract between Kodiak Island Borough and The Townsend Group not to exceed $3,500. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. C. Coastal Management Goals & Objectives Mr. Wakefield moved to adopt the Draft Coastal Management Plan in concept. Seconded by Mr. Anderson. Mr. Peotter moved to amend by deletion of section 3. under Subsistence (2). Seconded by Mr. Herrnsteen. Mr. Herrnsteen moved to table to the Work Session. Seconded by Mr. Arndt. Motion carried 4-3 with Mr. Murray, Mr. Peotter and Mr. Wakefield casting the NO votes. Mr. Peotter moved to recess until 7:00 PM tomorrow evening. Seconded by Mr. Anderson. Motion carried with Mr. Wakefield voicing objection. K'IB `ASSEMBLY MMTING =? MaTcht)5, -�98,1- Page 6 (cont. March 6, 1981) Mayor Ogg called the meeting to order at 7:05 PM. X MANAGERS REPORT Mr. Hansen stated that he is withdrawing his name from the Managers position. 1. Request for Grant to Village Library for "Old Harbor History & Culture Collection" No Action. 2. Agreement with Neal & Co.. Mr. Peotter moved for the manager to sign the agreement with Neal & Company regarding litigation surrounding the hospital. Seconded by Mr. Arndt. Motion carried with no objection. 3. Minutes of Fleeting Re: Health Care for the Elderly 4. Request for Additional Operating Capital These were gone through previously. 5. lst Rdg. Ord. #81-14-0 Pertaining to Assessment of Costs for 0 & M with Respect to Capital Improvements Mr. Murray moved for adoption of Ordinance No. 81-14-0. Seconded by Mr. Anderson. Motion carried 5-2 with Mr. Arndt and Mr. Wakefield voicing objection. 6. State Generator Waste Heat Demonstration Project Information only. 7. Larsen Bay School Generator Mr. Peotter moved that the Manager prepare a resolution to amend the budget to provide for the funding to purchase a generator to replace the 551<W in Larsen Bay. Seconded by Mr. Herrnsteen. Motion carried 6-1 with ilr. Wakefield objecting. 8. KEA Estimated Cost for Work on !lain Elementary School Powerlines Mr. Peotter moved that the Manager be authorized to proceed with the underground electrical utilities at the Main School site and the cost not to exceed $34,800 under contract with KEA. Seconded by Mr. Herrnsteen. Unanimous voice vote. 9. Resolution #81-10-R Supporting the Alaska Coastal Management Program Mr. Herrnsteen moved to adopt Resolution No. 81-10-R. Seconded by Mr. Wakefield. Unanimous roll call vote. 10. Shuyak Land Settlement Mr. Herrnsteen moved to approve the Agreement in concept. Seconded by Mr. Anderson. Mr. Peotter moved amend by deleting in section 3. the bracketed Lesnoi selection. Seconded by Mr. Arndt. Amendment carried with no objection. Mr. Wakefield moved to amend section 6. by deleting Shuyak and adding "Alexander Baranof State Game Refuge". Seconded by Mr. Herrnsteen. Amendment carried 6-1 with Mr. Peotter objecting. The main motion as amended carried by unanimous voice vote. The Chair would entertain a motion for the Manager to write a letter in support of getting USS 3467, USS 3468 and the unsurveyed section on the top of Monashka which is a part of Section D and also, the seven acre Peterson School site at the Coast Guard Base. Mr. Herrnsteen so moved. Seconded by Mr. Anderson. KIB,"ASSEMBGY MEETING ? Mgrc9 5,71981 (cont. 'March 6, 1931) Page 7 Mr. Peotter moved to amend by requesting the Manager to have the Land Consultant look into this for parcels other than those that have been identified tonight that may be appropriate. Seconded by Mr. Wakefield. Amendment carried with no objection. Main motion as amended carried by unanimous voice vote. 11. House Bill No. 213 Mr. Peotter moved that the (Manager send a letter to the Chairman of Resource Committee, Chairman of Finance Committee, Rep. Zharoff, Sen. Mulcahy and Rep. Sutcliff stating the Assembly's support for the bill. Seconded by Mr. White. Motion carried with no objection. XI NEW BUSINESS A. Schools & Hospital Energy Conservation Project Program Mr. Peotter moved to authorize the staff to proceed with the re- questing proposals up to $35,000 starting with the complex, hospital and East Elementary. Seconded by Mr. Herrnsteen. Motion carried with no objection. B. Recommendation for the Sale or Lease of Lot 11, USS 3098 (Robert Stanford/Island Air) Mr. Anderson moved that the (Manager proceed with getting the agreement with the City and getting title to the property. Seconded by 11r. Wakefield. Motion carried with no objection. Mr. Anderson moved that the Assembly voices non -objection to the present use of that property until such time as title, deed or whatever comes to a resolution. Seconded by Mr. Wakefield. (Motion carried with no objection. C. Recommendation for a Grazing Lease on the remaining unsold lots, not fronting on the water, within USS 2730 obtaining approximately 125 acres on Kupreanof Strait. (John Brown) Mr. Anderson moved to lease to Mr. Brown for $250 a year the approximately 125 acres within USS 2730 with the six stipulations recommended by the P & Z Commission. Seconded by Mr. Murray. Motion carried by unanimous voice vote. D. Ord. No. 81-12-0 Amending Title 17 Of The Kodiak Island Borough Code Pertaining To Zoning (1st Rdg) Mr. Anderson moved to adopt Ordinance No. 31-12-0. Seconded by Mr. Murray. Unanimous voice vote. E. Ord. No. 81-13-0 Rezoning Lots IA, 1B, 1C, Block 1, Emmons Additinn. dU�SS 12843, ryLolts 1, 2Aq, 2B, 3An& 3B, Block 2, Emmons Addition, USS 2843 (13eerQer,lAnderson16Emmons,3C9inley�mMagnussen;iWeveia& LQck)2 Mr. (Murray moved to adopt Ordinance No. 81-13-0. Seconded by Mr. Herrnsteen. Motion carried 6-1 with Mr. Wakefield voicing objection. F. Award of Contract for Personnel Lift Mr. Herrnsteen moved to award the bid for the Personnel Lift to Genie Industries for the sum of $5,250 plus freight. Seconded by Mr. White. Unanimous roll call vote. G. Microfiche - Borough/KIBSD Discuss at 'Work Session March 21. H. Purchase Benefit Analysis of Computer / System 34 Discuss at Work Session March 21. I. Res. No. 81-9-R Creating and Appointing A Uniform Duilding Codes Board of Appeals. (Changed to Ordinance No. 81-15-0)(lst Rdg) Mr. Herrnsteen moved to adopt Ordinance No. 31-15-0 in the first reading. Seconded by Mr. Peotter. Unanimous voice vote. KIB"iASStMBLY %ETING � i1qrcq 5,71971 (cont. March 6, 1931)' Page 8 J. Memo from Noreen Thompson re: Percent for Art, Ouzinkie u Larsen Bay Mr. Anderson moved to authorize the Administration to sign a contract with Chrisana Davis for Ouzinkie School in the amount of $4,000 and sign a contract with Huona Na for Larsen Bay School in the amount of $5,000. Seconded by Mr. Herrnsteen. Unanimous voice vote. K. KIBSD Report of Revenues & Expenditures - Jan. 1931 Mr. Peotter moved to acknowledge receipt. Seconded by for. Herrnsteen. Motion carried with no objection. L. KIB Detailed Budget & Revenue Report - Jan. 1981 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. M. Resolution No. 81-11-R re: Passage of H.B. 223 Mr. Herrnsteen moved to adopt Resolution No. 81-11-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. XII MAYORS COMMENTS 1. Lobbyists in Juneau Approximate costs is $5,000 per month. (full time) Would suggest that the Assembly address getting a Lobbyist next year and perhaps work in conjunction with the City of Kodiak. 2. Lt. Gov. Miller will come to Kodiak and hold a Loan Fair on March 9, 1981. 3. Public Forum on Shuyak Land Classification on March 26 at 7:00 PM in the Jr. High Gym. 4. Division of Natural Resources will have public hearing on March 27 at 7:00 PM. 5. Letter from Hospital Mr. Peotter moved to acknowledge receipt of the letter. Seconded by Mr. Herrnsteen. Unanimous voice vote. 6. Resolution from Bells Flats Work Session on March 21 with P & Z. 7. Land Agreement for the Watershed The agreement between Koniag and Ouzinkie and the Borough for the Monashka Bay Watershed has been signed. We will receive title to some 7,000 acres when the Koniag amendment between Ouzinkie and Koniag is signed for some 7,000 acres on Afognak Island. 8. Manager Applicants I suggest that in the interest of local government that the Assembly rescind their action of last evening and set up a Work Session on selecting a Manager. Where and which the committee could report to the Assembly. Work Session after meeting with DOT on March 10. Mr. Peotter moved to adjourn. Seconded by Mr. Arndt. llayor Ogg ruled out of order. Mr. Peotter challenged the Chair. The Chair prevailed after 2-5 vote with Mr. Arndt and Mr. Peotter casting YES votes. XIII ASSEMBLY COM14ENTS Mr. Peotter: Feel we should all sit down and discuss where we are coming from and what our goals are. Mr. Herrnsteen: microphone for Clerk Mr. Arndt: Think the -meeting on March 10 would be a good time to outline the role of the Mayor, the Assembly and the Manager. Feel they have to be identified. Kn A53EMBLY,'1IEETINQ-(Iargh 7, 1981 Page 9 (cont. March 6, 1981) Mr. White: This has been a pretty interesting experience. Mr. Murray: Think it is important to sit down and talk about the problems in a Work Session and resolve the differences because it is not in the best interest of KIB for the Mayor and Assembly to be at odds. Mr. Murray moved to reconsider Resolution No. 81-8-R as amended. Seconded by Mr. Peotter. Unanimous voice vote. Mr. Murray moved to amend the section on Legislative Travel allocating the sum of $3,000 for the Assembly Per Diem and Travel and $3,000 for the Mayor Per Diem and Travel. Seconded by Mr. Wakefield. Amendment carried 6-1 with Mr. Arndt casting the NO vote. (Mr. Murray moved to adopt Res. No. 81-8-R. Seconded by Mr. Wakefield) Main motion as amended carried 6-1 with Mr. Anderson casting the NO vote. Would like permission from the Assembly, to travel on their behalf, to Juneau from Anchorage March 16-18, Mr. Peotter moved to authorize Mr: Murray to travel on behalf of the Borough to Juneau.on.March 16-18. Seconded by Mr. Herrnsteen. Motion carried 6-1 with Mr. Wakefield objecting. Mr. Wakefield: Would like to welcome Mr. White. Mr. Anderson: Would like to caution the Assemblyman to think about the budget that is coming up. Mayor Ogg: Would like to veto that section for $155,000 for an addition to the seating in Main. Reasons: 1) The money is not reimbursable at the 80% rate. 2)The Architectural Review Board was set up to pass on Borouqh Buildings.and make decisions on School Buildings. 3) Letter from School District stating they don't see a necessity for this particular addition. They feel if one is to use the money in a manner related to a school it should be put into site -development which is reimbursable under the 80%. Mr. Herrnsteen moved to override the veto. Seconded by Mr. Arndt. Motion carried 5-2 with Mr. Anderson and Mr. Wakefield casting the NO Votes. XIV AUDIENCE COMMENTS Mr...John Pugh: Would like to request of the Assembly that if the Coast Guard is going to make a point of making these requests on our rezoning in relationship to these particular quiet zones that perhaps the Assembly might request that the Coast Guard indemnify it for any potential losses in sale of the land or resale value of the land in that we can no longer zone it from what it is and they may come to us and ask us to no longer use the land or sell the land. In regards to the sale of P-1, it might behoove the Assembly that on any sale of land that they consider now or in the future where development plans are a condition of the sale that a performance bond also be required of the developer at the time of purchase. XV ADJOURNMENT ^ The meeting adjourned at 12:10 Ali. �\ �) 0 u Borough May r ATTEST: